Construction Of Chinese Modern Constitutional Theory

In the 1930s and 1940s, due to the relaxed academic environment and the edification of constitution ideas by Europe and America and Japan. The research of comparative constitution was very popular, while Mr. Wang Shijie Mr. Qian Duansheng'composite work" comparative constitutional law" that is the most representative works in many Comparative Constitutional Study. The book knowledge of the individual fundamental rights and the constitutional system of the comparative study of the China's Constitution research to a new height, the book was writhed with the attitude statements, few critical or their own view. In the comparing methods, the number of countries with the past to take the contents of the Constitution by States was not. Not change the classification of the contents to the country as the standard, but with modern general constitutional issues to those specified in the standard, in every issue under the Constitution or laws were introduced on a country different requirements and different views among scholars. In this paper, "Comparative Constitution" as the research object, in addition to the foreword and epilogue, is divided into five sections to illustrate the author's point of view:Part one, "Comparative Constitution" on the constitution, mainly from the concept of the Constitution, the Constitution of the characteristics, classification of the three aspects of the Constitution to show understanding of the Constitution.Part two, "Comparative Constitution" reflects the basic spirit of Constitution, the Constitution of the book reflects the basic spirit of mainly two aspects, first, attention and protection of human spirit, and second, the spirit of limited government power.Part three, "Comparative Constitution" on basic civil rights and obligations of the attention, first, the basic civil rights and obligations of constitutional necessity, then briefed the citizen's basic rights and obligations, including what.Part four, "Comparative Constitution" on the construction of national institutions, to national political power structure of separation of powers common target, introduced the executive, legislature and judiciary's composition and mandate.Part five, "Comparative Constitution" academic contribution to fundamental rights and freedoms as individuals the book's academic style theory, comparative constitutional methods of innovation and the reality of valuable critical attitude to the constitution of future generations to make a significant contribution. This paper based on the "comparative constitution," the basic content of the article's structure to frame the book in order to study, read the book in content, based on the views of the author carried out and then the author wants to express constitutional concept and embodied in the spirit of the Constitution described.